EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0757*
HOUSE BILL 757
F1, D5 2lr1981
By: Delegates Szeliga, Arikan, Boteler, Chisholm, M. Fisher, Grammer, Kittleman,
Krebs, Mangione, McComas, Morgan, Parrott, Reilly, Rose, Shoemaker,
Thiam, and Wivell
Introduced and read first time: February 3, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Education – Interscholastic and Intramural Teams and Sports – Designation 2
Based on Biological Sex 3
(Save Women’s Sports Act) 4
FOR the purpose of requiring certain interscholastic and intramural athletic teams or 5
sports sponsored by certain schools to be expressly designated based on biological 6
sex; prohibiting certain entities from taking certain adverse actions against a school 7
or county board of education for maintaining separate interscholastic and intramural 8
athletic teams and sports for students of the female sex; providing that certain 9
individuals have the right to bring a civil action under certain circumstances; and 10
generally relating to interscholastic and intramural teams and sports of public and 11
nonpublic schools. 12
BY adding to 13
Article – Education 14
Section 7–129 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2021 Supplement) 17
Preamble 18
WHEREAS, The General Assembly finds that there are two biological sexes, female 19
and male, and that a person’s sex is objectively determined by genetics and anatomy 20
existing at the time of birth; and 21
WHEREAS, There are “[i]nherent differences between men and women,” and that 22
these differences “remain cause for celebration, but not for denigration of the members of 23
either sex or for artificial constraints on an individual’s opportunity.” United States v. 24
Virginia, 518 U.S. 515, 533 (1996); and 25 2 HOUSE BILL 757
WHEREAS, The “inherent differences” between men and women range from 1
chromosomal and hormonal differences to physiological differences; and 2
WHEREAS, Men generally have “denser, stronger bones, tendons, and ligaments” 3
and “larger hearts, greater lung volume per body mass, a higher red blood cell count, and 4
higher hemoglobin.” Neel Burton, The Battle of the Sexes, PSYCHOL. TODAY (July 2, 5
2012), https://www.psychologytoday.com/blog/hide–andseek/201207/the–battle–the–sexes; 6
and 7
WHEREAS, Men also have higher natural levels of testosterone, which affects traits 8
such as hemoglobin levels, body fat content, the storage and use of carbohydrates, and the 9
development of Type 2 muscle fibers, all of which result in men being able to generate 10
higher speed and power during physical activity. Doriane Lambelet Coleman, Sex in Sport, 11
80 LAW AND CONTEMPORARY PROBLEMS 63, 74 (2017) (quoting Gina Kolata, Men, 12
Women and Speed. 2 Words: Got Testosterone?, N.Y. TIMES (Aug. 21, 2008)); and 13
WHEREAS, The biological differences between females and males, especially as they 14
relate to natural levels of testosterone, “explain the male and female secondary sex 15
characteristics which develop during puberty and have lifelong effects, including those most 16
important for success in sport: categorically different strength, speed, and endurance.” 17
Doriane Lambelet Coleman and Wickliffe Shreve, “Comparing Athletic Performances: The 18
Best Elite Women to Boys and Men,” Duke Law C enter for Sports Law and Policy, 19
https://web.law.duke.edu/sports/sex–sport/comparative–athletic–performance/; and 20
WHEREAS, While classifications based on sex are generally disfavored, the Supreme 21
Court has recognized that “sex classifications may be used to compensate women for 22
particular economic disabilities [they have] suffered, to promote equal employment 23
opportunity, [and] to advance full development of the talent and capacities of our Nation’s 24
people.” United States v. Virginia, 518 U.S. 515, 533 (1996) (internal citations and 25
quotation marks omitted); and 26
WHEREAS, One place where sex classifications allow for the “full development of 27
the talent and capacities of our Nation’s people” is in the context of sports and athletics; 28
and 29
WHEREAS, Courts have recognized that the inherent, physiological differences 30
between males and females result in different athletic capabilities. See, e.g., Kleczek v. 31
Rhode Island Interscholastic League, Inc., 612 A.2d 734, 738 (R.I. 1992) (“Because of innate 32
physiological differences, boys and girls are not similarly situated as they enter athletic 33
competition.”); Petrie v. Ill. High Sch. Ass’n, 394 N.E.2d 855, 861 (Ill. App. Ct. 1979) (noting 34
that “high school boys [generally possess physiological advantages over] their girl 35
counterparts” and that those advantages give them an unfair lead over girls in some sports 36
like “high school track”); and 37
WHEREAS, A recent study of female and male Olympic performances since 1983 38
found that, although athletes from both sexes improved over the time span, the “gender 39 HOUSE BILL 757 3
gap” between female and male performances remained stable. “These suggest that women’s 1
performances at the high level will never match those of men.” Valerie Thibault, et al., 2
Women and men in sport performance: The gender gap has not evolved since 1983, 9 3
Journal of Sports Science and Medicine 214, 219 (2010); and 4
WHEREAS, As Duke Law professor and All–American track athlete Doriane 5
Coleman, tennis champion Martina Navratilova, and Olympic track gold medalist Sanya 6
Richards–Ross recently wrote: “The evidence is unequivocal that starting in puberty, in 7
every sport except sailing, shooting and riding, there will always be significant numbers of 8
boys and men who would beat the best girls and women in head–to–head competition. 9
Claims to the contrary are simply a denial of science.” Doriane Coleman, Martina 10
Navratilova, et al., Pass the Equality Act, But Don’t Abandon Title IX, WASHINGTON 11
POST (Apr. 29, 2019), https://wapo.st/2VKlNN1; and 12
WHEREAS, The benefits that natural testosterone provides to male athletes are not 13
diminished through the use of puberty blockers and cross–sex hormones. A recent study on 14
the impact of such treatments found that policies like those of the International Olympic 15
Committee that require biological males to undergo at least one year of testosterone 16
suppression before competing in women’s sports do not create a level playing field. “[T]he 17
reduction in testosterone levels required by many sports federation transgender policies is 18
insufficient to remove or reduce the male advantage by any meaningful degree.” For 19
example, “the muscle mass advantage males possess over females, and potentially the 20
performance implications thereof, are not removed by 12 months of testosterone 21
suppression.” Instead, the study concluded that “The data presented here demonstrates 22
that the male physical performance advantage over females, attributed to superior 23
anthropometric and muscle mass/strength parameters achieved at puberty, is not removed 24
by the current regimen of testosterone suppression permitting participation of transgender 25
women in female sports categories. Rather, it appears that the male performance 26
advantage is largely retained by transgender women and thus remains substantial.” 27
Hilton, E.N.; Lundberg, T.R. Transgender Women in The Female Category of Sport: Is the 28
Male Performance Advantage Removed by Testosterone Suppression?. Preprints 2020, 29
2020050226 (doi: 10.20944/preprints202005.0226.v1); and 30
WHEREAS, Having separate sex–specific teams furthers efforts to promote sex 31
equality. Sex–specific teams accomplish this by providing opportunities for female athletes 32
to demonstrate their skill, strength, and athletic abilities while also providing them with 33
opportunities to obtain recognition and accolades, college scholarships, and the numerous 34
other long–term benefits that flow from success in athletic endeavors; now, therefore, 35
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
That the Laws of Maryland read as follows: 37
Article – Education 38
7–129. 39
4 HOUSE BILL 757
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “STUDENT OF THE FEMALE SEX” MEANS A STUDENT WHOS E 3
BIOLOGICAL SEX IS FEMALE. 4
(3) “STUDENT OF THE MALE S EX” MEANS A STUDENT WHOS E 5
BIOLOGICAL SEX IS MALE. 6
(B) THIS SECTION APPLIES TO: 7
(1) PUBLIC SCHOOLS ; AND 8
(2) NONPUBLIC SCHOOLS WHOSE STUDEN T ATHLETES OR ATHLETIC 9
TEAMS COMPETE AGAINS T STUDENT ATHLETES OR ATHLETIC TEAMS FROM PUBLIC 10
SCHOOLS IN THE STATE. 11
(C) (1) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR 12
SPORT THAT IS SPONSORED BY A PUBLI C OR NONPUBLIC SCHOOL SHALL BE 13
EXPRESSLY DESIGNATED AS ONE OF THE FOLLOW ING BASED ON BIOLOGI CAL SEX: 14
(I) A BOYS, MALE, OR MEN’S TEAM OR SPORT ; 15
(II) A GIRLS, FEMALE, OR WOMEN’S TEAM OR SPORT ; OR 16
(III) A COEDUCATIONAL OR MIXED TEAM OR SPORT . 17
(2) AN INTERSCHOLASTIC OR I NTRAMURAL ATHLETIC TEAM OR 18
SPORT DESIGNATED FOR GIRLS, FEMALES, OR WOMEN MAY NOT INCLUDE STUDENTS 19
OF THE MALE SEX . 20
(D) A GOVERNMENT AL ENTITY, A LICENSING OR ACCREDI TING 21
ORGANIZATION , OR AN ATHLETIC ASSOCIATION OR ORGANIZATION MAY NOT ACCEPT 22
A COMPLAINT, CONDUCT AN INVESTIGATION , OR TAKE ANY OTHER AD VERSE ACTION 23
AGAINST A SCHOOL OR COUNTY BOARD FOR MAINTAINING SEPA RATE 24
INTERSCHOLASTIC OR I NTRAMURAL ATHLETIC T EAMS OR SPORTS FOR S TUDENTS 25
OF THE FEMALE SEX . 26
(E) (1) (I) A STUDENT WHO IS DEPRI VED OF AN ATHLETIC 27
OPPORTUNITY OR SUFFE RS ANY DIRECT OR IND IRECT HARM AS A RESU LT OF A 28
VIOLATION OF THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE SCHOOL THE 29
STUDENT ATTENDS . 30
HOUSE BILL 757 5
(II) A STUDENT WHO IS SUBJE CT TO RETALIATION OR OTHER 1
ADVERSE ACTION BY A SCHOOL OR AN ATHLETIC ASSOCIATION OR ORGANIZATION 2
AS A RESULT OF REPOR TING A VIOLATION OF THIS SECTION TO AN EMPLOYEE OR 3
REPRESENTATIVE OF TH E SCHOOL, ATHLETIC ASSOCIATION OR ORGANIZATION , OR 4
ANY STATE OR FEDERAL AGENCY WI TH OVERSIGHT OF SCHO OLS IN THE STATE MAY 5
BRING A CIVIL ACTION AGAINST THE S CHOOL OR ATHLETIC AS SOCIATION OR 6
ORGANIZATION . 7
(III) A SCHOOL THAT SUFFERS ANY DIRECT OR INDIRE CT HARM 8
FROM A GOVERNMENT AL ENTITY, A LICENSING OR ACCREDI TING ORGANIZATION , 9
OR AN ATHLETIC ASSOCIATION OR ORGANIZATION AS A RESULT OF A VIO LATION OF 10
THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE G OVERNMENT AL ENTITY, 11
LICENSING OR ACCREDI TING ORGANIZATION , OR ATHLETIC ASSOCIAT ION OR 12
ORGANIZATION . 13
(2) A CIVIL ACTION INITIATED UNDER THIS SECTION MUST BE 14
INITIATED WITHIN 2 YEARS AFTER THE HARM OCCURRED. 15
(3) AN INDIVIDUAL WHO PRE VAILS IN A CIVIL ACT ION UNDER THIS 16
SECTION MAY RE COVER: 17
(I) MONETARY DAMAGES , INCLUDING DAMAGES FOR ANY 18
PSYCHOLOGICAL , EMOTIONAL, AND PHYSICAL HARM SU FFERED; 19
(II) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 20
(III) ANY OTHER RELIEF, INCLUDING AN INJUNCT ION, AS THE 21
COURT MAY DETERMINE APPROPRIATE . 22
(F) THIS SECTION MAY BE KNOWN AND CIT ED AS THE SAVE WOMEN’S 23
SPORTS ACT OR SELINA’S LAW. 24
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 25
the application thereof to any person or circumstance is held invalid for any reason in a 26
court of competent jurisdiction, the provision shall be construed to give the provision the 27
maximum effect permitted by law unless the provision is held to be absolutely invalid. 28
SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 29
the application thereof to any person or circumstance is held invalid for any reason in a 30
court of competent jurisdiction, the invalidity does not affect other provisions or any other 31
application of this Act that can be given effect without the invalid provision or application, 32
and for this purpose the provisions of this Act are declared severable. 33
6 HOUSE BILL 757
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2022. 2